Pretoria – South Africa’s Correctional Services Minister, Pieter Groenewald, has called for the repatriation of roughly 27,000 foreign nationals serving sentences in the country’s prisons, warning that severe overcrowding has pushed facilities beyond sustainable limits. He made the remarks during a session of the Peace and Security Cluster in the National Assembly on Tuesday, where MPs pressed him about the strain on the correctional system.
Groenewald told Parliament that some centres are operating at over 200 percent capacity, with remand detention facilities among the hardest hit. He said the ongoing influx of foreign inmates has intensified pressure on staff and infrastructure, adding that taxpayers are bearing the cost of more than R463 per day for each detainee.
He explained that the department wants to send foreign nationals back to their home countries, but current laws make that difficult. Any large-scale repatriation would require amendments to legislation, a process he said cannot be rushed and would involve collaboration with the Department of International Relations and Cooperation.
To manage immediate overcrowding, the minister pointed to the use of Section 63A of the Criminal Procedure Act. The clause allows heads of correctional centres to apply to a court to release accused persons or adjust bail conditions when overcrowding poses a threat to health and safety. The measure targets accused individuals who have been granted bail but cannot pay, provided they are not facing other charges.
Between January and March 2025, the department referred 2,533 cases for consideration under Section 63A, with only 409 approvals. The second quarter recorded 2,362 referrals, of which 506 were approved. Groenewald said the department can only make recommendations, as final decisions rest with the judiciary.
MPs questioned whether the provision is being applied consistently and whether cooperation between correctional centres, courts, and the police is strong enough to make the tool effective. ANC MP Mzwanele Sokopo asked how the department would strengthen its use to ease pressure in densely packed remand centres, while DA MP Jonho Engelbrecht raised concerns about bottlenecks between the department, the National Prosecuting Authority and the judiciary.
Groenewald said the department meets quarterly with the judiciary and the NPA to identify ways to speed up processes and manage caseloads more efficiently. He maintained that the system’s limitations make rapid improvements difficult.
ActionSA MP Dereleen James called attention to the cost and scale of the problem, describing the presence of thousands of foreign detainees as an “unsustainable” burden on citizens. ACDP MP Steve Swart questioned why approval rates under Section 63A remain low despite mounting referrals.
Groenewald said the number of remand detainees has risen to nearly 59,000 nationwide, worsening overcrowding at a time when facilities are already stretched. He added that the Correctional Services Department is working within the Justice, Crime Prevention and Security cluster to find long-term solutions, including expanding capacity and exploring non-custodial options.
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